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Daniel J. Rodriguez (WSBA No. 27321, admitted 1997), of Tacoma, was disbarred by order of the Supreme Court effective June 19, 2002, following a hearing. This discipline is based on his committing acts of moral turpitude, lack of diligence, and charging unreasonable fees to clients.
Matter 1: In March 2000, Mr. P retained Mr. Rodriguez to represent him in a criminal appeal, paying Mr. Rodriguez $4,000. On June 30, 2000, Mr. Rodriguez filed a notice of appeal on behalf of Mr. P. Mr. Rodriguez did not pay the filing fee, nor did he file a request for an order of indigency.
On August 7, 2000, Mr. Rodriguez filed a motion to extend the deadline to submit the filing fee or to file a request for an order of indigency. On August 15, 2000, the court of appeals granted an extension of time to August 21, 2001. On that date, Mr. Rodriguez filed a letter with the court of appeals stating that he would file a motion for an order of indigency, but he did not do so, nor did he pay the filing fee. Mr. Rodriguez failed to inform Mr. P that he had neither paid the filing fee nor requested an order of indigency.
On October 12, 2000, the Court of Appeals determined the appeal had been abandoned and remanded the case back to Kitsap County. Mr. Rodriguez did not refund any of the $4,000 to Mr. P, and failed to cooperate with the disciplinary investigation.
Matter 2: In or about the spring and summer of 1999 and in August 2000, Mr. Rodriguez engaged in sexual contact and sexual intercourse, as those terms are defined by law, with ST. This conduct violated RCW 9A.44.079 (rape of a child in the third degree) and RCW 9A.44.089 (child molestation in the third degree). In January 2001, the Pierce County prosecutor charged Mr. Rodriguez with three counts of child rape and three counts of child molestation in the third degree. Mr. Rodriguez did not respond to the notice and summons for his arraignment on January 31, 2001. After a warrant was issued for his arrest, he left the area. On January 29, 2001, Mr. Rodriguez was asked to respond to a grievance regarding these criminal charges, but failed to cooperate with the disciplinary investigation.
Matter 3: Mr. Rodriguez represented GE in a civil rights case set for trial on January 22, 2001. Mr. Rodriguez did not timely file several required pretrial pleadings, including jury instructions and a trial brief. The court issued a number of orders requiring Mr. Rodriguez’s client to file specific pleadings by certain dates. Mr. Rodriguez did not comply fully with these orders. In February 2001, the court dismissed GE’s case for failure to prepare for trial.
Matter 4: Mr. Rodriguez represented JE in an appeal of a criminal conviction. On January 30, 2001, the court dismissed the appeal "as it appears to have been abandoned." The dismissal resulted from Mr. Rodriguez’s failure to pay a sanction required by court order for late filing of clerk papers.
Mr. Rodriguez’s conduct violated RPCs 1.3, requiring lawyers to act with reasonable diligence; 1.4, requiring lawyers to keep clients reasonably informed about the status of their matters; 1.5, requiring lawyers’ fees to be reasonable; 3.2, requiring lawyers to make reasonable efforts to expedite litigation; and 8.4(d), which states it is professional misconduct for lawyers to engage in conduct that is prejudicial to the administration of justice; RLD 2.8(a), requiring lawyers to promptly respond to any inquiry or request made pursuant to the rules for information relevant to a grievance; RCW 9A.44.079, rape of a child in the third degree; and RCW 9A.44.089, child molestation in the third degree.
Anne Seidel represented the Bar Association. Mr. Rodriguez represented himself. The hearing officer was Preston L. Johnson.
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